International Standard Construction Contracts- A Brief .

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International Standard Construction Contracts- A Brief ComparisonInternational StandardConstruction Contracts- ABrief ComparisonA brief comparison8/21/2012SCMHRD, PuneAnurag Raychaudhury (2011E14); Arpan Shaikhar Gupta (2011E15)

International Standard Construction Contracts- A Brief ComparisonTable of ContentsINTRODUCTION . 4Advantages of Industry Standard Documents . 4Client Standard Contracts . 4International standard forms of construction and engineering contracts . 4Comparison . 4Australia: 2.1. Provision of Supplies: . 4JCT: 6. Contract Term . 4FIDIC: 17.2 Contractors’ Care of Work . 4Australia: 2.2. Acceptance: . 4FIDIC: Contract Agreement . 4Australia: 2.3. Title and Risk: . 4JCT: 5. Rights Cumulative . 4FIDIC: 17.2 Limitation of Liability . 4Australia: 2.4. Invoice:. 4Australia: 2.5. Payment: . 4JCT: 18. Payment of Invoices. 4VOB: 24. Settlement / invoicing / final invoice / payment . 4Australia: 2.6. Price Basis: . 4JCT: 17. Contract Price Rates . 4VOB: 21. Remuneration . 4FIDIC: 14.1The Contract Price . 4Australia: 2.7.Offset: . 4FIDIC: 14.2 Payment . 4Australia: 2.8. Quality Assurance: . 4JCT: 12. Performance Standards and Remedies . 4FIDIC: 4.1 Quality Assurance . 4Australia:2.9. Insurance: . 4JCT: 16. Insurance . 4VOB: 35. Liability insurance . 4FIDIC: 18.1 General Requirements for Insurance . 4Australia: 2.10. Indemnity:. 4JCT: 15. Indemnity to Council. 4FIDIC: 17.1Indemnities . 4Anurag Raychaudhury, Arpan Shaikhar GuptaPage 2

International Standard Construction Contracts- A Brief ComparisonAustralia: 2.11. Approvals and Compliance: . 4FIDIC: 1.3 Communications . 4Australia: 2.12. Conflict of Interest: . 4JCT: 37. Conflict of Interest . 4Australia: 2.13. Warranties: . 4JCT: 30. Warranties . 4FIDIC: 11.1Completion of Outstanding Work and Remedying Defects . 4Australia: 2.14. Access to Supplier’s Premises: . 4JCT: 22. Use of Council Premises. 4VOB: 9. Site installation and clearance/site and traffic security. 4FIDIC: 2.1Right of Access of Site. 4Australia: 2.15. Criminal Code Acknowledgement: . 4Australia: 2.16. Waiver:. 4JCT: Waiver. 4Australia: 2.17. Variation: . 4JCT: 23. Variation of Contract . 4VOB: 13. Changes in work . 4FIDIC: 13.1Right to Vary. 4Australia: 2.18. Security and Safety: . 4JCT: 43. Health and Safety. 4VOB: 36. Provisions regarding occupational health and safety and environmental protection . 4FIDIC: 4.2 Security of the Site. 4Australia: 2.19. Conduct at Agency Premises: . 4VOB: 5. Code of Conduct. 4FIDIC: 4.2 Contractors’ Operations on Site . 4Australia: 2.20. Supplier not to make representations: . 4FIDIC: 6.2 Disorderly Conduct . 4Australia: 2.21. Privacy Requirement:. 4Australia: 2.22. Confidential Information: . 4JCT: 41. Data Protection . 4VOB: 39. Confidentiality . 4FIDIC: 17.2Intellectual and Industrial Property Rights . 4Australia: 2.23. Record Keeping: . 4VOB: 8. Daily progress reports . 4Anurag Raychaudhury, Arpan Shaikhar GuptaPage 3

International Standard Construction Contracts- A Brief ComparisonFIDIC: 4.1 Progress Report . 4Australia: 2.24. Freedom of Information (FOI) Amendment (Reform) Act 2010 . 4JCT: 39. Freedom of Information . 4Australia: 2.25. Commonwealth Records and Archives Act . 4Australia: 2.26. Moral Rights:. 4Australia: 2.27. Notices: . 4JCT: 31. Notices . 4Australia: 2.28. Assignment: . 4FIDIC: 1.3 Assignment . 4Australia: 2.29. Specified Personnel: . 4JCT: 13. Contractor's Superintendence . 4FIDIC: 4.3 Contractors’ Representative . 4Australia: 2.30. Subcontracting: . 4JCT: 44. Sub-contractors . 4VOB: 4. Subcontractors . 4FIDIC: 4.3 Subcontractors. 4Australia: 2.31. Termination: . 4FIDIC: 15.1 Termination by the Employer . 4Australia: 2.32. Termination or Reduction for Convenience: . 4VOB: 33. Right of termination . 4Australia: 2.33. Survival: . 4Australia :2.34. Dispute Resolution:. 4JCT: 26. Alternative dispute resolution . 4FIDIC: 20.2 Appointment of the Dispute Adjudication Board . 4Australia: 2.35. Compliance with Laws: . 4Australia: 2.36. Applicable Law: . 4JCT: 3. Legislation . 4FIDIC: 1.1.6.5 “Laws” . 4Australia: 2.37. Entire Agreement: . 4Australia: 2.38. Definitions: In the Contract: . 4JCT: 1. Definitions. 4FIDIC: 1.1 Definitions :. 4SOME CONCLUSIONS AND PROPOSITIONS. 4DIFFERENCES AND SIMILARITIES. 4Anurag Raychaudhury, Arpan Shaikhar GuptaPage 4

International Standard Construction Contracts- A Brief ComparisonScope . 4Contents . 4Structure . 4Bibliography: . 4Anurag Raychaudhury, Arpan Shaikhar GuptaPage 5

International Standard Construction Contracts- A Brief ComparisonINTRODUCTIONWe live in an age where it is virtually impossible for most of us to understand the innerworkings of the things we work and interact with every day. Who is able to fully explain, forexample, how an architect can be on a building site in Shanghai and able to a hold a coherentdiscussion with his colleagues in Melbourne?A generation ago, we might have taken the devices that rule our lives apart to find out whatmade them tick. Nowadays, as anyone who has ever tinkered with a modern car engine or aniPod will tell you, such a venture is pure folly. Instead, we have become used to relying uponthings to work as they promised they would – and, when they do not, we bring them toexperts to fix or put them out in the next hard rubbish collection.In the construction industry, professionals work with a vast range of tools in bringing aproject from conception to completion. Engineers, architects and other project personnelrightly expect that they should be able to rely upon these tools doing what they are supposedto do.There is one tool in the site shed, however – perhaps, buried in a bottom drawer – which,without malfunctioning, can act in ways completely different from those, its users anticipate.This tool is the project’s construction contract.Advantages of Industry Standard DocumentsThe great advantage of an industry standard document is that there is a body of jurisprudence dealing with those documents and the exact wording from those documents.For example, many of the terms in the standard residential contract have been judiciallyinterpretation such as using the term "time is of the essence of the contract" rather thanstating a plain English version such as "the buyer must complete on the date for completion".Similarly, in building contracts, phrases to do with "latent conditions" have been litigated andit is accepted to mean a "defect which could not be discovered by a person of competent skilland using ordinary care". There are many cases which hold that the physical conditions onthe site due to weather conditions off the site are not latent conditions. For example, if thesubsoil is wetter than expected because of heavy rain, that is not a latent condition.The use of an industry standard document can assist the parties to reach an agreementquickly. The standard residential contract is a very good example of this – provided thatthere are no amendments or special conditions, many buyers are happy to sign an REIQcontract without discussing the matter with their lawyer. Within the residential conveyancingindustry, there is general acceptance that this form of contract is fair to both parties.Finally, the use of industry standard contracts prevents the parties having to "reinvent thewheel". Particularly where the parties are not large, there can be significant savings in legalcosts by using the industry standard document and relying on the industry body to haveAnurag Raychaudhury, Arpan Shaikhar GuptaPage 6

International Standard Construction Contracts- A Brief Comparisonconsidered the implications of that standard contract. Many domestic builders rely on theMaster Builders contract because the profit in each job is not sufficient to justify engaging alawyer to draft a contract from scratch. The party with whom the builder is contracting mayalso be more comfortable dealing with the Master Builder's contract or another industrystandard contract rather a contract developed by a specific builder.Client Standard ContractsMost clients who regularly enter into contracts will have developed their own standarddocuments or standard changes to one of the industry standard documents. Using a standarddocument with a schedule with the commercial terms and with variations to the standarddocument makes it very easy for the contact administrator to identify changes and to keeptrack of the commercial terms. There is a tendency for the other party to vary the standardprovisions in the contract and to use the schedule for commercial terms. There is a risk inchanging the standard terms that these changes will not be noted in the data base of contractsand errors will occur.Anurag Raychaudhury, Arpan Shaikhar GuptaPage 7

International Standard Construction Contracts- A Brief ComparisonInternational standard forms of construction and engineeringcontractsCountryCommon forms of contract for large Common forms Common formsprojectsforfor blic works - regulated by the GeneralContracting Conditions of 26 September1996(Algemeneaannemingsvoorwaarden orCahiergénéral des charges).Private works - bespoke contractsusually created by modifying standardcontracts provided for registeredmembers by professional associationssuch as the Building Confederation andthe Real Estate Confederation.House construction - regulated by Lawof 9 July 1971, amended in 1993(Wet/Loi

FIDIC contracts more popular in recent years due to the influence of international players, multilateral investment agencies and promotion by FIDIC. The Red Book and Silver Book contracts are particularly common. FIDIC contracts common. Same contracts apply as for construction projects.

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